Chile e-signature compliance

Are e-signatures legal in Chile? What laws govern e-signatures?

E-signatures are legal in Chile, and are primarily governed by Law No. 19.799 “E-Signature Law”, Decree No. 181/2002 “E-Signature Law Regulations” and Law No. 21,180 “Digital Transformation Law” on national digital transformation. In addition, Decree No. 24/2019 “Technical Standards for Advanced Electronic Signature Certification Services” and Supreme Decree No. 83/2004 (“Technical Standards for Security and Confidentiality of Electronic Documents of Government Entities”) also provide the corresponding technical standards for e-signatures in Chile.

What is an e-signature in Chile?

The E-Signature Law defines an e-signature as "any sound, symbol or electronic process that allows the recipient of an electronic document to at least formally identify its author.

What types of e-signatures are recognized in Chile? What are the requirements for each?

Chile recognizes two types of e-signatures, namely simple e-signatures and advanced e-signatures.

1. Simple e-signature

Includes any sound, symbol or electronic process that allows the recipient of an electronic document to at least formally identify its author.

2. Advanced e-signature

This is an e-signature “certified by a recognized provider” that is created in such a way that the holder maintains exclusive control over it, so that it is associated only with him and the data to which it refers, allowing subsequent detection of any modification, verification of the identity of the holder and prevention of his unawareness of the integrity of the document and the identity of its author.

In what scenarios can simple e-signatures be used in Chile?

Simple e-signatures can be used in the following scenarios, but are not limited to:

• Human Resources
• Procurement
• Confidentiality Agreements
• Software Licensing
• Medical
• Banking
• Movable Paper
• Insurance
• Education
• Life Sciences
• Documents to be recorded
• Consumer Transactions

In what scenarios can advanced e-signatures be used in Chile?

Advanced e-signatures can be used in the following scenarios, but are not limited to:

• Registration, modification, dissolution or annotation forms of companies in the Companies Registry must be subscribed with the advanced signature of the registrant, partner or shareholder
• Public documents in electronic format must bear the advanced signature of the issuing officer, such as civil registry certificates or certificates from the Land Registry
• Any judicial authorization granted in the form of an electronic document

In what scenarios is a traditional signature required in Chile?

A traditional signature is required in the following scenarios:

• When the law requires a solemn ceremony that cannot be achieved through electronic documents
• When the law requires any party to personally agree
• Acts related to family law, such as marriage, divorce, adoption and death
• Matters requiring notarization